Tag Archive for: alimony

Filing Fees in Pasco County

I previous wrote about filing fees in Hillsborough County and Pinellas County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pasco County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Pinellas County

I previous wrote about filing fees in Hillsborough County.  In this post I review current filing fees in the Sixth Judicial Circuit, Pinellas County, for common family law matters.  A person who initiates a family law case (the “Petitioner”) will pay the following:

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Filing Fees in Hillsborough County

For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition.  Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:

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Special Issues in Military Divorce

If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention.

Residency Requirement

Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing.  However, there is an exception for servicemembers.  A servicemember (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

Servicemembers Civil Relief Act

Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the “SCRA”).  The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors’ Civil Relief Act of 1940.  Most provisions of the SCRA apply to the following people on active duty:  (i) members of the Army, Navy, Air Force, Marine Corps, and Coast Guards; (ii) members of the National Guard; and (iii) commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration.

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Mediation FAQs

The Twelfth Judicial Circuit of Florida (DeSoto, Manatee, and Sarasota Counties) provides the following FAQs for family mediation:

What is Family Mediation?

Family Mediation is an informal meeting where the parties work out mutually agreeable settlements in Family Court cases.  Parties have the opportunity to explore options and negotiate voluntary agreements that may be submitted to the Court for approval.

Who participates?

Family Mediation provides an opportunity for parties involved in family litigation to engage in a facilitated discussion about the specific issues in their case.  Counsel for each party may attend the conference.  Other third parties may only participate if both sides agree.

What issues can be discussed?

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Video: Reducing the Costs of Your Divorce

The following video from eHow describes how spouses may reduce the costs of their divorce:

Parties should utilize alternative dispute resolution techniques such as mediation to help them reach agreements and reduce time and expense.

Video: Another Warning About Facebook and Divorce

The following video from Fox 25 out of Boston warns family law litigants of the dangers of posting information on social networking sites such as Facebook:

Downward Modification of Alimony: What is a “Supportive Relationship?”

Section 61.14, Florida Statutes, contains a provision that allows a court to modify or terminate an order for alimony if the obligee (the person receiving alimony) is in a “supportive relationship.” So what is a supportive relationship?

Downward Modification of Alimony

What is a "supportive relationship?"

Fortunately, the statute provides guidelines to identify such a relationship.  Considerations include the following:

  • Whether and the extent to which the obligee and other person have acted as husband and wife, such as by referring to one another as spouses;
  • Whether the obligee and other person have used the same last name;

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Enforcement: Support Awards From Different Florida Counties

If a circuit court in Miami-Dade county ordered a parent to pay child support, that order may be enforced in Pinellas, Hillsborough, Polk, Hernando, Manatee, or any other county in Florida (so long as one party lives in that county). Along the same lines, alimony awards entered in one Florida county may be enforced in another Florida county.

Section 61.17, Florida Statutes, provides the basis for such enforcement.

Am I Required to Disclose My Finances in My Family Law Case?

Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

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